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When is a child considered kidnapped by the other parent?
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When is a child considered kidnapped by the other parent?

My ex has threatened to kidnap our child and leave the country so I went to court and got a court order that states that our child cant leave the state without a formal 30 day notice to me with phone numbers and address and a basic itenerary to where our child is located. I just received a text message saying that they are on their way to Utah. The police say they wont do anything since our child is with a parent despite the court order. What are my options? I dont know where my child is and I am scared.







legalbear7
Rating
Police operate with a lot of discretion. The trick is to get them to exercise their discretion on your behalf. Sometimes an attorney can help you with that. You have to have someone with more knowledge of law convince the officers to do something. If you have a court order, show them the order. If the officers know about the order and refuse to take action they may be in contempt of court. Sometimes it helps to politely ask to speak to a supervisor as a supervisor due to experience and knowledge will see things quite differently than the officers you've spoken to already. Maybe put it to the supervisor, 'What would you do if you were in my shoes?' It may be in your state that city or county law enforcement do not have jurisdiction over your ex on the highway, and you may need to speak to the state patrol in your state. Usually the state patrol has statewide jurisdiction. I compiled a treatise on contempt of court and have placed a link to that treatise in my profile page. Since it sounds like they crossed state lines it may be time to get the FBI involved. When courts open tomorrow, you may seek to have the court that issued the order issue an arrest warrant for contempt of court. Incidentally, I did some research on kidnapping once. Kidnapping is defined as taking someone's liberty without lawful authority. Under that definition, your child may be kidnapped. Kidnapping is a serious felony that the cops you have spoken with may have overlooked.


Chris
Rating
If you have a court order that specifically states what you have described, they have to at this point do something. Take a copy of the order to your local police department and raise Hell until something happens. Stay strong.


Act Right!
Rating
What state are you in now? What do you mean the police won't do anything despite a court order? Call the newspaper and local news stations. Contact the police in Utah. Who has custody of your child?


Dr. K
I assume you're in a different state so the laws are a bit altered, however the only way that it would be against the law for another parent to kidnap a child is if the kidnapper is not fit for parenting, decided by a court.







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